IN THE COURT OF Ms.

SALONI SINGH, CIVIL JUDGE -02, PATIALA HOUSE,

NEW DELHI

Civil Suit No. 102 of 2015

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

C-9, Radial Road Number 4,

Connaught Place, Delhi 110001                                                       ……………….Plaintiff

Versus

4th Floor, Statesman House,

K G Marg, Delhi 110001                                                                ………………Defendant

SUIT UNDER ORDER XXXV11 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR
RECOVERY OF Rs. 75000/-(SEVENTY FIVE THOUSAND RUPEES)

THE PLAINTIFF NAMED ABOVE STATES AS UNDER:

Most Respectfully Showeth:-

1. That the present suit is being filed under the specific provisions of and in accordance
of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 and that the Plaintiff
claims no relief, which does not fall within the ambit of this rule.
2. That the Plaintiff is a Retail store engaged in a business of marketing and selling of
books in various fields having its Registered Office at C-9, Connaught Place, Delhi.
Aman Jain through whom the present suit is being instituted is the sole proprietor of the
Plaintiff and he is fully competent to engage the counsel, sign the vakalatnama, plaint,
affidavit, etc. to depose before the Hon’ble court and to do such other acts, deeds and
things.
1. That the plaintiff is engaged in marketing, selling & supplying newspapers, books and
periodicals in the field of Indian law, business, economics, companies, international trade,
commercial books, etc.
2. That the Defendant is a consultancy firm incorporated under the Companies Act, of
1956 having its registered office in 4th floor, Statesman House, Kasturba Gandhi Marg,
Delhi.
3. That the Defendant approached Plaintiff on June 28, 2014 for supply of newspapers,
magazines and periodicals beginning the month of July 2014.
4. That the plaintiff insisted on an advance amount before commencing supply.
5. That defendant provided a post dated cheque 295959 for July 29, 2014 of Rs. 50,000/-
drawn on HDFC Bank, Branch Barakhamba Road, Delhi. The same was accepted by the
plaintiff. This act of defendant initiated the contract by conduct of parties and so the
plaintiff started supplying various reading materials to the defendant. The copy of the
cheque is annexed herewith and marked as Annexure A-1.
6. That the plaintiff supplied newspapers, magazines and periodicals in the month of
July to the defendant. The total amount at the end of the month of July was calculated as
Rs. 75,000/- (Rupees Seventy five thousand only). It was conveyed to the defendant vide
Invoice 2652 dated July 30, 2014 which was duly accepted. A copy is annexed herewith
and marked as Annexure A-2.
7.  That vide a letter dated August 01, 2014 the deposited cheque 295959 was returned
dishonoured by plaintiff’s bankers i.e. HDFC bank, Connaught Place Branch, Delhi. With
this the plaintiff withheld the supply of the books & circulars till defendants pay off the
dues. A copy of the letter is annexed herewith and marked as Annexure A-3.

That the plaintiff requested the defendant several times, orally and also via electronic mails to
make the payment of the outstanding amount but the defendant on one pretext or the other
avoided to the legitimate requests of the plaintiff without any cause or reason and never made
any payment to the plaintiff. A copy of the trailed mails are annexed herewith and marked
as Annexure A-4.

1. That vide legal notice dated December 22, 2014 through registered post the plaintiff
requested defendant to pay an amount of Rs. 75,000/- (Rupees Seventy five thousand
only) due towards the services provided within 3 months (three months) after the receipt
of the letter. A copy the notice is annexed herewith and marked as Annexure A-5.
2. That no communication has been made till date by the defendants regarding the
payment of money.
3. That the defendant has not been cooperating and also has failed to repay their dues of
the Plaintiff and hence this present suit.

13. That the cause of action accrued to the plaintiff against the defendant within the
jurisdiction of this Hon’ble Court on March 25, 2015 when the legal notice served by the
plaintiff upon the defendant and he has not acted upon it thereafter.
14. That the plaintiff is entitled to an interest @ 8.5% (at the rate of eight and half percent
per annum) which is in consonance with the prevailing market rates and bank rates. The
plaintiff claims interest at the above rate from the defendant from the date it became due
till the date of realization.
15. That the present suit being filed by the plaintiffs against the defendant is the first suit
and no such suit has been previously filed, pending or decided by any court of law on the
same subject matter.
16. That plaintiff and the defendant works for gain and the entire cause of action also
accrued between the parties at Connaught Place Delhi, within the territorial jurisdiction of
this Hon’ble court. Therefore, this Hon’ble court has got the jurisdiction to entertain and
try the present suit.

1. That the value of the suit for the purposes of jurisdiction and payment of court fee is
approximately Rs. 75,000/- (Rupees seventy five thousand only) on which Court fee of
Rs. 3076.00 (Rupees three thousand seventy six only) has been paid.

Prayer

The plaintiff thereby prays:

 That the amount due against the defendant is 75,000/- (Rupees Seventy five thousand
only) to be ordered for payment to the plaintiff and leave to defend may please be granted
accordingly.
 That interest on principal sum from August 01, 2014 till the date of institution of suit
be awarded and Pendente lite interest at the rate of 18% may be granted till the payment
by the defendant.
 That the costs of the suit be awarded to the plaintiff against the defendant.

Delhi                                                                                                                    Plaintiff

Date: March 27, 2015

VERIFICATION

I, the plaintiff above named do hereby verify that the contents of this plaint from paragraph 1
to 13 are true and correct to my personal knowledge and paragraphs 14 to 18 are believed to
be true and correct according to the legal advice received to me.

Signed and verified on March 27, 2015 at Delhi.

Plaintiff